1.
a.As a political subdivision of the state, the community commonwealth unit of local
government shall have the statutory and constitutional status of a county and of a city to
the extent the community commonwealth governing body assumes the powers and duties of
cities as those powers and duties relate to the delivery of services. For each service provided
by the community commonwealth, the community commonwealth shall assume the same
statutory rights, powers, and duties relating to the provision of the service as if the member
city were itself providing the service to its citizens.
b.On its effective date, the community commonwealth charter operates to replace the
existing county government structure. The governments of participating cities shall remain
in existence to render those ser
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1. a. As a political subdivision of the state, the community commonwealth unit of local
government shall have the statutory and constitutional status of a county and of a city to
the extent the community commonwealth governing body assumes the powers and duties of
cities as those powers and duties relate to the delivery of services. For each service provided
by the community commonwealth, the community commonwealth shall assume the same
statutory rights, powers, and duties relating to the provision of the service as if the member
city were itself providing the service to its citizens.
b. On its effective date, the community commonwealth charter operates to replace the
existing county government structure. The governments of participating cities shall remain
in existence to render those services not transferred to the community commonwealth
government.
2. The adoption of the community commonwealth form of government does not alter any
right or liability of the county or member city in effect at the time of the election at which the
charter was adopted.
3. All departments and agencies of the county and of each member city shall continue to
operate until their authority to operate is superseded by action of the governing body.
4. All ordinances or resolutions in effect remain effective until amended or repealed,
unless they are irreconcilable with the adopted charter.
5. Upon the effective date of the adopted charter, the county shall adopt the community
commonwealth form of government by ordinance, and shall file a copy with the secretary of
state and maintain available copies for public inspection.
6. Members of the governing body of the county and of each member city shall continue
in office until the members of the governing body of the community commonwealth have
been elected and sworn into office, at which time the offices of the former governing bodies
shall be abolished, and the terms of the members of the former governing bodies shall be
terminated. During the period between the effective date of the charter and the election and
qualification of the elected members of the new governing body, the former governing bodies
of each member city and of the county shall continue to perform their duties and shall assist
in planning the transition to the community commonwealth form of government.
7. Ifacommunitycommonwealthcharterissubmittedtotheelectoratebutisnotadopted,
another charter shall not be submitted to the electorate for at least two years from the date
of the election at which the charter was rejected. If a community commonwealth charter is
adopted, a proposed charter for another alternative form of county government shall not be
submitted to the electorate for at least six years from the date of the election at which the
charter was adopted.
8. If a community commonwealth charter is adopted, the charter may be amended at any
time. The charter shall be amended in the manner provided in section 331.247, subsection 7.
9. a. A city or county wishing to terminate its membership in the community
commonwealth government must do so pursuant to the existing charter procedure under
this chapter or chapter 372, whichever is applicable.
b. A city or county may join an existing community commonwealth government by
resolution of the board or council, whichever is applicable, or upon petition of eligible
electors of the city or county, whichever is applicable, equal in number to at least twenty-five
percent of the persons who voted at the last general election for the office of governor or
president of the United States, whichever is fewer. Within fifteen days after receiving a valid
petition, the applicable governing body shall adopt a resolution in favor of participation
and shall immediately forward the resolution to the governing body of the community
commonwealth. If a majority of the community commonwealth governing body approves the
resolution, the question of joining the community commonwealth shall be submitted to the
electorate of the petitioning city or county within sixty days after approval of the resolution.
[C51, §93; R60, §221; C73, §279; C97, §394; C24, 27, 31, 35, 39, §5128; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, §332.1; S81, §331.301; 81 Acts, ch 117, §300]